CLA-2-39:OT:RR:NC:2:236

Mr. Kaz Takayama
Matsui International Co., Inc
1501 West 178th Street
Gardena, CA 90248

RE: The tariff classification of Dystone X Paste#0, Dystone X Paste #500, Dystone Printgen XA-1, Dystone Fixer XA and Dystone Thickner XA from Japan

Dear Mr. Takayama:

In your letter dated February 4, 2009 you requested a tariff classification ruling. The samples that you submitted were analyzed by our laboratory.

The Dystone X Paste#0 and the Dystone X Paste #500 are used as water based reducers in the Dystone printing system. The Dystone X Paste#0 and the Dystone X Paste #500 are white viscous aqueous emulsions containing an acrylic polymer in primary form.

The applicable subheading for the Dystone X Paste#0 and the Dystone X Paste #500 will be 3906.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for acrylic polymers in primary forms: other, other. The duty rate will be 4.2 percent ad valorem.

The Dystone Printgen XA-1 is a silicone polymer in primary form.

The applicable subheading for the Dystone Printgen XA-1will be 3910.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for silicones in primary forms. The duty rate will be 3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on the Dystone Fixer XA and the Dystone Thickner XA. Your request for a classification ruling should include the percentage by weight for each component in each product. Please explain the function of each component in both products. What is the chief use of each product?

When this information is available, you may wish to consider resubmission of your request. We are returning any related exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you along with your additional information and samples.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding products of chapter 39 contact National Import Specialist Frank Cantone at (646) 733-3038. If you have any questions regarding products of chapter 32 please contact National Import Specialist Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division